TITLE LVIII
PUBLIC JUSTICE
Chapter 571-B
EXPOSING MINORS TO HARMFUL MATERIALS
General Provisions
Section 571-B:1
571-B:1 Definitions. –
As used in this chapter:
I. "Harmful to minors" means that quality of any description or representation, in whatever form of sexual conduct, when it:
(a) Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts;
(b) Depicts or describes sexual conduct in a manner so explicit as to be patently offensive to contemporary adult standards, in the county within which any offense set forth in this chapter was committed, with respect to what is suitable material for minors; and
(c) Lacks serious literary, artistic, political or scientific value.
II. "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, as to:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonably bona fide attempt to ascertain the true age of such minor.
III. "Minor" means any person under the age of 18 years.
IV. "Sexual conduct" means human masturbation, sexual intercourse, actual or simulated, normal or perverted, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. Sexual intercourse is simulated when it depicts sexual intercourse which give the appearance of the consummation of sexual intercourse, normal or perverted.
Source. 1969, 252:1. 1976, 46:1. 1977, 123:1, eff. Aug. 1, 1977.
Section 571-B:2
571-B:2 Offenses. –
I. It shall be unlawful for any person knowingly to give, sell, loan or otherwise provide, with or without monetary consideration, to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct and which is harmful to minors, or
(b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in RSA 571-B:2, I(a), or explicit and detailed verbal descriptions or narrative accounts of sexual conduct and which, taken as a whole, is harmful to minors.
II. It shall be unlawful for any person knowingly to exhibit, for or without monetary consideration, to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, for or without monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts or describes sexual conduct and which is harmful to minors.
Source. 199, 252:1. 1976, 46:2, eff. June 1, 1976.
Section 571-B:3
571-B:3 Penalty. –
A person convicted of any violation of this chapter shall be guilty of a misdemeanor.
Source. 1969, 252:1. 1977, 588:9, eff. Sept. 16, 1977.
Preliminary Hearing
Section 571-B:4
571-B:4 Preliminary Hearing. –
I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be harmful to minors, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is harmful to minors.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross examine witnesses. For the purposes of this paragraph, the term "interested party" includes but is not limited to the manufacturer of the material alleged to be harmful to minors.
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be harmful to minors shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
Source. 1979, 397:1, eff. Aug. 22, 1979.